Common use of Set-off and Recoupment Clause in Contracts

Set-off and Recoupment. The financial assets, money and other items credited to each Collateral Account will not be subject to deduction, set-off, recoupment, banker’s lien, or any other right in favor of any person other than the Secured Party. However, the Financial Institution may set off (a) all amounts due to the Financial Institution in respect of customary fees and expenses for the routine maintenance and operation of each Collateral Account, (b) the face amount of any checks which have been credited to a Collateral Account but are subsequently returned unpaid because of uncollected or insufficient funds and (c) any advances made in connection with the settlement of any investment made with respect to the Collateral Accounts.

Appears in 71 contracts

Samples: Account Control Agreement (Ford Credit Floorplan LLC), Titling Company Account Control Agreement (Ford Credit Auto Lease Trust 2014-A), Account Control Agreement (Ford Credit Auto Lease Trust 2014-A)

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Set-off and Recoupment. The financial assets, money and other items credited to each Collateral Account will not be subject to deduction, set-off, recoupment, banker’s lien, or any other right in favor of any person other than the Secured Party. However, the Financial Institution may set off (a) all amounts due to the Financial Institution in respect of customary fees and expenses for the routine maintenance and operation of each Collateral Account, (b) the face amount of any checks which have been credited to a Collateral Account but are subsequently returned unpaid because of uncollected or insufficient funds and (c) any advances made in connection with the settlement of any investment made with respect to for the Collateral Accounts.

Appears in 24 contracts

Samples: Account Control Agreement (Ford Credit Auto Lease Trust 2015-B), Titling Company Account Control Agreement (Ford Credit Auto Lease Trust 2015-B), Titling Company Account Control Agreement (Ford Credit Auto Lease Trust 2015-B)

Set-off and Recoupment. The financial assets, money and other items credited to each Collateral Account will not be subject to deduction, set-off, recoupment, banker’s 's lien, or any other right in favor of any person other than the Secured Party. However, the Financial Institution may set off (ai) all amounts due to the Financial Institution in respect of customary fees and expenses for the routine maintenance and operation of each Collateral Account, (bii) the face amount of any checks which have been credited to a Collateral Account but are subsequently returned unpaid because of uncollected or insufficient funds and (ciii) any advances made in connection with the settlement of any investment made with respect to the Collateral Accounts.

Appears in 14 contracts

Samples: Account Control Agreement (Ford Credit Auto Owner Trust 2009-A), Account Control Agreement (Ford Credit Auto Owner Trust 2010-B), Account Control Agreement (Ford Credit Auto Owner Trust 2010-A)

Set-off and Recoupment. The financial assets, money and other items credited to each Collateral Account will not be subject to deduction, set-off, recoupment, banker’s lien, or any other right in favor of any person other than the Secured Party. However, the Financial Institution may set off (a) all amounts due to the Financial Institution in respect of for customary fees and expenses for the routine maintenance and operation of each Collateral Account, (b) the face amount of any checks which have been credited to a Collateral Account but are subsequently returned unpaid because of uncollected or insufficient funds and (c) any advances made in connection with the settlement of any investment made with respect to for the Collateral Accounts.

Appears in 8 contracts

Samples: Account Control Agreement (Ford Credit Auto Owner Trust 2015-B), Account Control Agreement (Ford Credit Auto Owner Trust 2015-B), Account Control Agreement (Ford Credit Auto Owner Trust 2015-A)

Set-off and Recoupment. The financial assets, money and other items credited to each Collateral Account will not be subject to deduction, set-off, recoupment, banker’s lien, or any other right in favor of any person other than the Secured Party. However, the Financial Institution may set off (ai) all amounts due to the Financial Institution in respect of customary fees and expenses for the routine maintenance and operation of each Collateral Account, (bii) the face amount of any checks which have been credited to a Collateral Account but are subsequently returned unpaid because of uncollected or insufficient funds and (ciii) any advances made in connection with the settlement of any investment made with respect to the Collateral Accounts.

Appears in 6 contracts

Samples: Collateral Account Control Agreement (Ford Credit Auto Lease Trust 2011-A), Titling Company Collateral Account Control Agreement (Ford Credit Auto Lease Trust 2011-A), Titling Company Collateral Account Control Agreement (Ford Credit Auto Lease Trust 2011-A)

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Set-off and Recoupment. The financial assets, money and other items credited to each Collateral Account will not be subject to deduction, set-off, recoupment, banker’s lien, or any other right in favor of any person other than the Secured Party. However, the Financial Institution may set off (a) all amounts due to the Financial Institution in respect of customary fees and expenses for the routine maintenance and operation of each Collateral Account, (b) the face amount of any checks which have been credited to a Collateral Account but are subsequently returned unpaid because of uncollected or insufficient funds and (ciii) any advances made in connection with the settlement of any investment made with respect to the Collateral Accounts.

Appears in 2 contracts

Samples: Collateral Account Control Agreement (Ford Credit Auto Lease Trust 2011-B), Collateral Account Control Agreement (Ford Credit Auto Lease Trust 2011-B)

Set-off and Recoupment. The financial assets, money and other items credited to each the Collateral Account will not be subject to deduction, set-off, recoupment, banker’s 's lien, or any other right in favor of any person other than the Secured Party. However; provided, however, the Financial Institution may set off (ai) all amounts due to the Financial Institution in respect of customary fees and expenses for the routine maintenance and operation of each the Collateral Account, Account and (bii) the face amount of any checks which have been credited to a the Collateral Account but are subsequently returned unpaid because of uncollected or insufficient funds and (c) any advances made in connection with the settlement of any investment made with respect to the Collateral Accountsfunds).

Appears in 2 contracts

Samples: Control Agreement (155 East Tropicana, LLC), Control Agreement (155 East Tropicana, LLC)

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